Fair Use Guidelines For Educational Multimedia

Scope of guidelines:

Apply to face to face and distance instruction

Limited in time and portion

Limitation on number of copies

Background on the GuidelinesFor many years, publishers and educators met to determine fair use guidelines.
This committee, known as the Committee on Fair Use ("CONFU") was unable to reach
consensus on appropriate guidelines. After CONFU failed to provide guidelines,
the Consortium of College and University Media Centers ("CCUMC") drafted
guidelines on fair use as applied to educational uses of multimedia. These
guidelines were submitted in a non-legislative report to the Subcommittee on
Courts and Intellectual Property, Committee on the Judiciary, U. S. House of
Representatives, on September 27, 1996.

How to use the guidelines
UW has not adopted guidelines for determining fair use. These guidelines should
be considered recommendations, not law.

These guidelines are not legally binding and they have not been widely endorsed
by the academic community. These guidelines represent what certain publishers
and producers of copyrighted materials view as fair uses of their materials.
These limitations should not be viewed as the maximum allowable quantities as
uses in excess of the guidelines may also be fair.

If your use fits within recommended limitations, these guidelines may be useful.
If not, you should evaluate if your use is a fair use in accordance with the
fair use consideration factors provided in Section 107 of the Copyright Act.

Fair use is a legal principle that provides certain limitations on the
exclusive rights of copyright holders. The purpose of these guidelines is to
provide guidance on the application of fair use principles by educators, scholars
and students who develop multimedia projects using portions of copyrighted works
under fair use rather than by seeking authorization for non commercial
educational uses. These guidelines apply only to fair use in the context of
copyright and to no other rights.

There is no simple test to determine what is fair use. Section 107 of the
Copyright Act sets forth the four fair use factors which should be considered in
each instance, based on particular facts of a given case, to determine whether a
use is a "fair use":

the purpose and character of use, including whether such use is of a commercial nature or is for nonprofit educational purposes,

the nature of the copyrighted work,

the amount and substantiality of the portion used in relation to the copyrighted work as a whole,

the effect of the use upon the potential market for or value of the copyrighted work.

While only the courts can authoritatively determine whether a particular use
is fair use, these guidelines represent the participants consensus of
conditions under which fair use should generally apply and examples of when
permission is required. Uses that exceed these guidelines may or may not be fair
use. The participants also agree that the more one exceeds these guidelines, the
greater the risk that fair use does not apply.

The limitations and conditions set forth in these guidelines do not apply to
works in the public domain -- such as U.S. Government works or works on which
copyright has expired for which there are no copyright restrictions -- or to
works for which the individual or institution has obtained permission for the
particular use. Also, license agreements may govern the uses of some works and
users should refer to the applicable license terms for guidance.

The participants who developed these guidelines met for an extended period of
time and the result represents their collective understanding in this complex
area. Because digital technology is in a dynamic phase, there may come a time
when it is necessary to review the guidelines. Nothing in these guidelines shall
be construed to apply to the fair use privilege in any context outside of
educational and scholarly uses of educational multimedia projects.

This Preamble is an integral part of these guidelines and should be included
whenever the guidelines are reprinted or adopted by organizations and educational
institutions. Users are encouraged to reproduce and distribute these guidelines
freely without permission; no copyright protection of these guidelines is claimed
by any person or entity.

1.2 Background

These guidelines clarify the application of fair use of copyrighted works as teaching methods are adapted to new learning environments. Educators have traditionally brought copyrighted books, videos, slides, sound recordings and other media into the classroom, along with accompanying projection and playback equipment. Multimedia creators integrated these individual instructional resources with their own original works in a meaningful way, providing compact educational tools that allow great flexibility in teaching and learning. Material is stored so that it may be retrieved in a nonlinear fashion, depending on the needs or interests of learners. Educators can use multimedia projects to respond spontaneously to students' questions by referring quickly to relevant portions. In addition, students can use multimedia projects to pursue independent study according to their needs or at a pace appropriate to their capabilities. Educators and students want guidance about the application of fair use principles when creating their own multimedia projects to meet specific instructional objectives.

1.3 Applicability of These Guidelines

These guidelines apply to the use, without permission, of portions of
lawfully acquired copyrighted works in educational multimedia projects which are
created by educators or students as part of a systematic learning activity by
nonprofit educational institutions. Educational multimedia projects created under
these guidelines incorporate students' or educators' original material, such as
course notes or commentary, together with various copyrighted media formats
including but not limited to, motion media, music, text material, graphics,
illustrations, photographs and digital software which are combined into an
integrated presentation. Educational institutions are defined as nonprofit
organizations whose primary focus is supporting research and instructional
activities of educators and students for noncommercial purposes.

For the purposes of these guidelines, educators include faculty, teachers,
instructors and others who engage in scholarly, research and instructional
activities for educational institutions. The copyrighted works used under these
guidelines are lawfully acquired if obtained by the institution or individual
through lawful means such as purchase, gift or license agreement but not pirated
copies. Educational multimedia projects which incorporate portions of
copyrighted works under these guidelines may be used only for educational
purposes in systematic learning activities including use in connection with
non-commercial curriculum-based learning and teaching activities by educators to
students enrolled in courses at nonprofit educational institutions or otherwise
permitted under Section 3. While these guidelines refer to the creation and use
of educational multimedia projects, readers are advised that in some instances
other fair use guidelines such as those for off-air taping may be relevant.

2. PREPARATION OF EDUCATIONAL MULTIMEDIA PROJECTS USING PORTIONS OF COPYRIGHTED WORKS

These uses are subject to the Portion Limitations listed in Section 4. They
should include proper attribution and citation as defined in Sections 6.2.

2.1 By Students:

Students may incorporate portions of lawfully acquired copyrighted works when
producing their own educational multimedia projects for a specific course.

2.2 By Educators for Curriculum-Based Instruction:

Educators may incorporate portions of lawfully acquired copyrighted works when
producing their own educational multimedia projects for their own teaching tools
in support of curriculum-based instructional activities at educational
institutions.

3. PERMITTED USES OF EDUCATIONAL MULTIMEDIA PROJECTS CREATED UNDER THESE GUIDELINES

Uses of educational multimedia projects created under these guidelines are
subject to the Time, Portion, Copying and Distribution Limitations listed in
Section 4.

3.1 Student Use:

Students may perform and display their own educational multimedia projects
created under Section 2 of these guidelines for educational uses in the course
for which they were created and may use them in their own portfolios as examples
of their academic work for later personal uses such as job and graduate school
interviews.

3.2 Educator Use for Curriculum-Based Instruction:

Educators may perform and display their own educational multimedia projects
created under Section 2 for curriculum-based instruction to students in the
following situations:

3.2.1 for face-to-face instruction,

3.2.2 assigned to students for directed self-study,

3.2.3 for remote instruction to students enrolled in curriculum-based courses
and located at remote sites, provided over the educational institution's secure
electronic network in real-time, or for after class review or directed
self-study, provided there are technological limitations on access to the network
and program (such as a password or PIN) and provided further that the technology
prevents the making of copies of copyrighted material.

If the educational institution's network or technology used to access the
program cannot prevent duplication of copyrighted material, students or educators
may use the multimedia educational projects created under Section 2 of these
guidelines over an otherwise secure network for a period of only 15 days after
its initial real-time remote use in the course of instruction or 15 days after
its assignment for directed self-study. After that period, one of the two use
copies of the educational multimedia project may be placed on reserve in a
learning resource center, library or similar facility for on-site use by students
enrolled in the course. Students shall be advised that they are not permitted to
make their own copies of the educational multimedia project.

3.3 Educator Use for Peer Conferences:

Educators may perform or display their own educational multimedia projects
created under Section 2 of these guidelines in presentations to their peers, for
example, at workshops and conferences.

3.4 Educator Use for Professional Portfolio

Educators may retain educational multimedia projects created under Section 2
of these guidelines in their personal portfolios for later personal uses such as
tenure review or job interviews.

4. LIMITATIONS - TIME, PORTION, COPYING AND DISTRIBUTION

The preparation of educational multimedia projects incorporating copyrighted
works under Section 2, and the use of such projects under Section 3, are subject
to the limitations noted below.

4.1 Time Limitations

Educators may use their educational multimedia projects created for
educational purposes under Section 2 of these guidelines for teaching courses,
for a period of up to two years after the first instructional use with a class.
Use beyond that time period, even for educational purposes, requires permission
for each copyrighted portion incorporated in the production. Students may use
their educational multimedia projects as noted in Section 3.1.

4.2 Portion Limitations

Portion limitations mean the amount of a copyrighted work that can reasonably
be used in educational multimedia projects under these guidelines regardless of
the original medium from which the copyrighted works are taken. In the aggregate
means the total amount of copyrighted material from a single copyrighted work
that is permitted to be used in an educational multimedia project without
permission under these guidelines. These limitations apply cumulatively to each
educator's or student's multimedia project(s) for the same academic semester,
cycle or term. All students should be instructed about the reasons for copyright
protection and the need to follow these guidelines. It is understood, however,
that students in kindergarten through grade six may not be able to adhere rigidly
to the portion limitations in this section in their independent development of
educational multimedia projects. In any event, each such project retained under
Sections 3.1 and 4.3 should comply with the portion limitations in this section.

4.2.1 Motion Media

Up to 10% or 3 minutes, whichever is less, in the aggregate of a copyrighted
motion media work may be reproduced or otherwise incorporated as part of an
educational multimedia project created under Section 2 of these guidelines.

4.2.2 Text Material

Up to 10% or 1000 words, whichever is less, in the aggregate of a copyrighted
work consisting of text material may be reproduced or otherwise incorporated as
part of an educational multimedia project created under Section 2 of these
guidelines. An entire poem of less than 250 words may be used, but no more than
three poems by one poet, or five poems by different poets from any anthology may
be used. For poems of greater length, 250 words may be used but no more than
three excerpts by a poet, or five excerpts by different poets from a single
anthology may be used.

4.2.3 Music, Lyrics, and Music Video

Up to 10%, but in no event more than 30 seconds, of the music and lyrics from
an individual musical work (or in the aggregate of extracts from an individual
work), whether the musical work is embodied in copies, or audio or audiovisual
works, may be reproduced or otherwise incorporated as a part of a multimedia
project created under Section 2. Any alterations to a musical work shall not
change the basic melody or the fundamental character of the work.

4.2.4 Illustrations and Photographs

The reproduction or incorporation of photographs and illustrations is more
difficult to define with regard to fair use because fair use usually precludes
the use of an entire work. Under these guidelines a photograph or illustration
may be used in its entirety but no more than 5 images by an artist or
photographer may be reproduced or otherwise incorporated as part of an
educational multimedia project created under Section 2. When using photographs
and illustrations from a published collective work, not more than 10% or 15
images, whichever is less, may be reproduced or otherwise incorporated as part of
an educational multimedia project created under Section 2.

4.2.5 Numerical Data Sets

Up to 10% or 2500 fields or cell entries, whichever is less, from a
copyrighted database or data table may be reproduced or otherwise incorporated as
part of an educational multimedia project created under Section 2 of these
guidelines. A field entry is defined as a specific item of information, such as a
name or Social Security number, in a record of a database file. A cell entry is
defined as the intersection where a row and a column meet on a spreadsheet.

4.3 Copying and Distribution Limitations

Only a limited number of copies, including the original, may be made of an
educator's educational multimedia project. For all of the uses permitted by
Section 3, there may be no more that two use copies only one of which may be
placed on reserve as described in Section 3.2.3.

An additional copy may be made for preservation purposes but may only be used
or copied to replace a use copy that has been lost, stolen, or damaged. In the
case of a jointly created educational multimedia project, each principal creator
may retain one copy but only for the purposes described in Sections 3.3 and 3.4
for educators and in Section 3.1 for students.

5. EXAMPLES OF WHEN PERMISSION IS REQUIRED

5.1 Using Multimedia Projects for Non-Educational or Commercial Purposes

Educators and students must seek individual permissions (licenses) before
using copyrighted works in educational multimedia projects for commercial
reproduction and distribution.

Even for educational uses, educators and students must seek individual
permissions for all copyrighted works incorporated in their personally created
educational multimedia projects before replicating or distributing beyond the
limitations listed in Section 4.3.

Educators and students may not use their personally created educational
multimedia projects over electronic networks, except for uses as described in
Section 3.2.3, without obtaining permissions for all copyrighted works
incorporated in the program.

6. IMPORTANT REMINDERS

6.1 Caution in Downloading Material from the Internet

Educators and students are advised to exercise caution in using digital
material downloaded from the Internet in producing their own educational
multimedia projects, because there is a mix of works protected by copyright and
works in the public domain on the network. Access to works on the Internet does
not automatically mean that these can be reproduced and reused without permission
or royalty payment and, furthermore, some copyrighted works may have been posted
to the Internet without authorization of the copyright holder.

The credit and copyright notice information may be combined and shown in a
separate section of the educational multimedia project (e.g. credit section)
except for images incorporated into the project for the uses described in Section
3.2.3. In such cases, the copyright notice and the name of the creator of the
image must be incorporated into the image when, and to the extent, such
information is reasonably available; credit and copyright notice information is
considered "incorporated" if it is attached to the image file and appears on the
screen when the image is viewed. In those cases when displaying source credits
and copyright ownership information on the screen with the image would be
mutually exclusive with an instructional objective (e.g. during examinations in
which the source credits and/or copyright information would be relevant to the
examination questions), those images may be displayed without such information
being simultaneously displayed on the screen. In such cases, this information
should be linked to the image in a manner compatible with such instructional
objectives.

6.3 Notice of Use Restrictions

Educators and students are advised that they must include on the opening
screen of their multimedia project and any accompanying print material a notice
that certain materials are included under the fair use exemption of the U.S.
Copyright Law and have been prepared according to the educational multimedia fair
use guidelines and are restricted from further use.

6.4 Future Uses Beyond Fair Use

Educators and students are advised to note that if there is a possibility that
their own educational multimedia project incorporating copyrighted works under
fair use could later result in broader dissemination, whether or not as
commercial product, it is strongly recommended that they take steps to obtain
permissions during the development process for all copyrighted portions rather
than waiting until after completion of the project.

6.5 Integrity of Copyrighted Works: Alterations

Educators and students may make alterations in the portions of the copyrighted
works they incorporate as part of an educational multimedia project only if the
alterations support specific instructional objectives. Educators and students are
advised to note that alterations have been made.

6.6 Reproduction or Decompilation of Copyrighted Computer Programs

Educators and students should be aware that reproduction or decompilation of
copyrighted computer programs and portions thereof, for example the transfer of
underlying code or control mechanisms, even for educational uses, are outside the
scope of these guidelines.

6.7 Licenses and Contracts

Educators and students should determine whether specific copyrighted works, or
other data or information are subject to a license or contract. Fair use and
these guidelines shall not preempt or supersede licenses and contractual
obligations